Brett Kavanaugh, Trump’s Supreme Court Nomination, Has a Dangerous Track Record of Defending Guantánamo and Unfettered Executive Power

Judge Brett Kavanaugh, Donald Trump and a close-up of Guantanamo prisoners photographed on the day the prison opened, January 11, 2002. The photo on the left is an edit of a photo by Mandel Ngan/AFP/Getty Images.Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

Disgraceful though Donald Trump’s presidency is, it will at least be over at some point in the imaginable future, with the potential that his most outrageous policy changes, enacted in legislation by a Republican majority in Congress, can be reversed should Congress end up with a Democratic majority instead.

When it comes to interpreting the law, however, his impact will last for decades, through his nominations to the nation’s District Courts, appeals courts (the Circuit Courts), and, most crucially, the Supreme Court.

Shamefully, although Barack Obama successfully nominated two of the Supreme Court’s nine justices during his eight years in office (Sonia Sotomayor and Elena Kagan), Congress — where Republicans had a majority, as they did throughout most of Obama’s presidency — refused to consider his third nomination, Merrick Garland, nominated in March 2016. Garland’s appointment would have given Democratic appointees a majority on the Supreme Court for the first time since 1970, but Garland’s nomination expired in January 2017, when Obama left office, and when Donald Trump took over he wasted no time in nominating Neil Gorsuch instead, a dangerous right-winger whose nomination was subsequently approved by the Republican-controlled Congress. Read the rest of this entry »

June 15 Marks 6,000 Days of Guantánamo: Join Us in Telling Donald Trump, “Not One Day More!”

20 of the people who have supported the campaign to tell Donald Trump to close Guantanamo in 2018, via the Gitmo Clock, which counts how long the prison has been open in real time.Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

Next Friday, June 15, 2018, is a bleak day for anyone who cares about justice and the rule of law, because the prison at Guantánamo Bay, where men are, for the most part, held indefinitely without charge or trial, will have been open for 6,000 days; or, to put it another way, 16 years, five months and four days. We hope you will join us in making some noise to mark this sad milestone in America’s modern history.

All year we’ve been running the Gitmo Clock, which counts, in real time, how long Guantánamo has been open, and in connection with that, we’ve made posters available every 25 days showing how long the prison has been open, and inviting suporters of Guantánamo’s closure to take photos with them, and to send them to us. The poster for 6,000 days is here. Please print it off, take a photo with it, ask your family and friends to do the same, and send the photos to us. We will add them to the photos we’ve been publishing all year, which can be found here. 

How long is 6,000 days?

To give you some idea of how long 6,000 days is, try to remember what you were doing on January 11, 2002, when the prison opened. Perhaps you weren’t yet born, or perhaps, like me, you have sons or daughters who were just toddlers when those first photos of orange-clad, sensorily-deprived prisoners kneeling in the Caribbean sun as US soldiers barked orders at them were first released. My son is now 18 years old — nearly 18 and a half, in fact — but he was just two when Guantánamo opened. Read the rest of this entry »

Will Donald Trump Actually Close Guantánamo?

'Guantanamo: Closing down', an image used by Reprieve to accompany their new petition calling for the closure of Guantanamo.Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration. Please also sign the new petition launched by Reprieve, from which the image accompanying this article was taken, calling for Guantánamo’s closure.

 

I wrote the following article, as “Alberto Mora, U.S. Navy’s Former Top Lawyer, Explains How Donald Trump Might Close Guantánamo,” for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

Forgive me for what must appear to be a weirdly upbeat headline, given that it’s just over a week since Donald Trump issued a practically pointless but symbolically malevolent executive order keeping the prison at Guantánamo Bay open. However, as Alberto Mora, the General Counsel of the Department of the Navy under George W. Bush, has just explained in an op-ed for the Atlantic’s Defense One website, despite Trump’s seeming obsession with keeping Guantánamo open, it may be that a review of detention policies that he included in his executive order will conclude that he should close it after all.

Alberto Mora, who nowadays is a Senior Fellow at the Harvard Kennedy School’s Carr Center for Human Rights Policy, played a key role in resisting some of the most dangerously lawless innovations of the Bush administration in his role as the Navy’s General Counsel. In December 2002, when he was advised by David Brant, the director of the Naval Criminal Investigative Service (NCIS), that military interrogators, were “engaging in escalating levels of physical and psychological abuse,” as Jane Mayer described it in a groundbreaking New Yorker article in 2006, he was appalled, and when Brant revealed that the abuse wasn’t “rogue activity,” but was “rumored to have been authorized at a high level in Washington,” he confronted William J. Haynes II, the Pentagon’s General Counsel, and Donald Rumsfeld, who had approved a memo authorizing torture at Guantánamo on December 2, 2002,  unearthing the memo, and threatening to go public about its contents unless it was withdrawn. Rumsfeld complied, but secretly convened a working group to reinstate the policies Mora objected to, which had the approval of the Justice Department’s Office of Legal Counsel, as written by John Yoo, the author of the infamous CIA “torture memos,” which cynically sought to redefine torture so that the CIA could use it.

As a result, Mora is well-placed to comment on Guantánamo 15 years on from his struggle to prevent the use of torture at the prison, and his suggestion that Donald Trump might close it is based on Trump’s “command to Defense Secretary Jim Mattis to ‘reexamine our military detention policy’ and report back to him within 90 days and his request to Congress to ensure that ‘we continue to have all necessary power to detain terrorists.’” I’m not sure that I agree with Mora that this shows “unexpected open-mindedness” on Trump’s part, and I cannot agree with his assessment that, in “asking Mattis to take charge,” and also including Congress in an assessment of detention policy, Trump “acted prudently and, dare I say it, wisely.” Read the rest of this entry »

What Should Trump Do With the US Citizen Seized in Syria and Held in Iraq as an “Enemy Combatant”?

"Detainee Holding Cell": a US military sign, origin unknown.Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

It’s nearly a month since my curiosity was first piqued by an article in the Daily Beast by Betsy Woodruff and Spencer Ackerman, reporting that a US citizen fighting for ISIS had been captured in Syria and was now in US custody. Ackerman followed up on September 20, when “leading national security lawyers” told him that the case of the man, who was being held by the US military as an “enemy combatant,” after surrendering to US-allied Kurdish forces fighting ISIS in Syria around September 12, “could spark a far-reaching legal challenge that could have a catastrophic effect on the entire war against ISIS.”

At the time, neither the Defense Department nor the Justice Department would discuss what would happen to the unnamed individual, although, as Ackerman noted, “Should the Justice Department ultimately take custody of the American and charge him with a terrorism-related crime, further legal controversy is unlikely, at least beyond the specifics of his case.” However, if Donald Trump wanted to send him to Guantánamo (as he has claimed he wants to be able to do), that would be a different matter.

A Pentagon spokesman, Maj. Ben Sakrisson, told Ackerman that, according to George W. Bush’s executive order about “war on terror” detentions, issued on November 13, 2001, and authorizing the establishment of military commissions, “United States citizens are excluded from being tried by Military Commissions, but nothing in that document prohibits detaining US citizens who have been identified as unlawful enemy combatants.” Read the rest of this entry »

Challenging the Nomination of 2005 “Torture Memo” Author Steven Bradbury as a Lawyer in the Trump Administration

Medea Benjamin of CODEPINK: Women for Peace challenges Steven G. Bradbury over his role as a "torture memo" author at his confirmation hearing as a Trump administration lawyer on June 28, 2017.Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

Yesterday (June 28), three members of Veterans for Peace — the US military veterans’ organization founded in 1985 and committed to building “a culture of peace” — interrupted the Senate confirmation hearing for Steven G. Bradbury, nominated by Donald Trump as general counsel for the Commerce, Science and Transportation Department, and were subsequently arrested. Videos are available here and here,

The three VFP members — Tarak Kauff, Ken Ashe and Ellen Barfield — were protesting about Bradbury’s role as one of the authors of the notorious “torture memos” under George W. Bush, and they were not alone. As the New York Times explained, Sen. Tammy Duckworth, a Democrat from Illinois, told Bradbury at the hearing, “You lacked the judgment to stand up and say what is morally right when pressured by the president of the United States, and I’m afraid you would do so again.” She then “wagged her finger at Mr. Bradbury and accused him of having a dangerous ‘rubber stamp’ mentality,” and said, “I cannot oppose this nomination strongly enough.”

For my call for Steven Bradbury to be prosecuted — along with other senior Bush administration officials and lawyers — listen to my song ‘81 Million Dollars,’ performed with my band The Four Fathers.

The “torture memos” were written and approved in the Office of Legal Counsel (the branch of the Justice Department that is supposed to provide impartial advice to the executive branch), and the first examples were written by law professor John Yoo, and approved by Yoo’s boss, Jay S. Bybee. The memos sought to redefine torture so that it could be used by the CIA on Abu Zubaydah, seized in Pakistan in March 2002 and regarded as a “high-value detainee,” and approved a list of techniques that included waterboarding, an ancient torture technique that involves controlled drowning. Read the rest of this entry »

100 Days of Trump: Join Us in Telling Him to Close Guantánamo

Some of the Close Guantanamo supporters who have stood with posters calling on Donald Trump to close Guantanamo over the first 100 days of his presidency.Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.

 

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

On Saturday, Donald Trump will have been in office for 100 days, and all but his most deranged and devoted supporters must surely conclude that this has been the most shambolic and disappointing first 100 days of any presidency — as reflected in his historically low approval ratings. As we approach 100 days, Trump’s approval rating is just 44%, 11 points lower than Bill Clinton after 100 days, and 19 points lower than Barack Obama at the 100-day mark.

Trump’s sweeping and indefensible travel ban remains one of the low points of his presidency, an effort to target, by religion, seven Muslim-majority countries for a ban on all travel to the US, on the basis of a supposed terrorist threat that, to be blunt, doesn’t exist at all. Unfortunately, however, the racism of the travel ban continues to bleed into other aspects of Trump’s policies — his obsession with a wall between the US and Mexico, for example, and, for us at Close Guantánamo, his enthusiasm for keeping Guantánamo open and for sending new prisoners there.

In his first week in office, a leaked draft executive order found Trump threatening the worst possible scenario for Guantánamo and the US’s counter-terrorism policies — reviving torture and CIA “black sites,” and bringing new prisoners to Guantánamo. On torture, a barrage of criticism, including from prominent Republicans, including his own defence secretary  and others at the CIA, persuaded him to back down, but on Guantánamo a second leaked draft executive order found him still intending to bring new prisoners — Islamic State prisoners — to Guantánamo. Read the rest of this entry »

Review Boards Approve Ongoing Imprisonment of Three More Prisoners at Guantánamo, Even As Lawmakers Urge Donald Trump to Scrap Them

Protestors with Witness Against Torture outside the Supreme Court on January 11, 2017, the 15th anniversary of the opening of Guantanamo (Photo: Andy Worthington).Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the first two months of the Trump administration.

 

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

The problem with Guantánamo has never been what right-wingers delude themselves into thinking it is — that it’s a perfect acceptable, secure facility for holding terrorists whose existence is undermined by liberals constantly trying to close it down, endangering America’s national security.

Instead, the problem is Guantánamo itself, a place of arbitrary detention, where very few of the 779 people held there by the military over the last 15 years have genuinely been accused of any involvement with terrorism, but where, because of the Bush administration’s contempt for internationally recognized laws and treaties regarding imprisonment, the majority of the men held — overwhelmingly, foot soldiers for the Taliban, and civilians, many sold for bounties — have been deprived of any rights whatsoever, and can only be freed at the whim of the executive branch.

For a brief period from 2008 to 2010, those held could appeal to the US courts, where judges were able to review their habeas corpus petitions, and, in a few dozen cases, order their release, but this loophole was soon shut down by politically motivated judges in the court of appeals in Washington, D.C., and the Supreme Court has persistently refused to revisit the positive rulings it made regarding the prisoners’ habeas corpus rights in 2004 and 2008, hurling the men back into a disgraceful legal limbo in which their only hope for release lies, yet, again, with the presidential whim. Read the rest of this entry »

Radio: Andy Worthington Discusses Life in Trump’s America and the Future of Guantánamo with Chris Cook on Gorilla Radio

Andy Worthington calling for the closure of Guantanamo on the Women's March in New York on January 21, 2017 (Photo: Liz Forman).Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the first two months of the Trump administration.

 

Last week, I was delighted to speak to Chris Cook of Gorilla Radio, based in British Columbia, about life in Donald Trump’s America, and the current situation regarding the prison at Guantánamo Bay. The hour-long show is available here as an MP3, and my interview took up the first 24 minutes.

Chris and I have spoken many times before — generally at this time of the year, to reflect on the situation at Guantánamo around the time of the anniversary of its opening, on January 11. Check out our interviews in January 2014, January 2015 and January 2016.

For this year’s interview, I ran though the dying days of the Obama administration, pointing out how, despite President Obama’s promise, on his second day in office in January 2009, to close the prison, it remained open as he left office primarily because he had persistently failed to prioritize its closure throughout the previous eight years. Read the rest of this entry »

Please Read My Latest Article for Al-Jazeera, on Obama and Trump, Guantánamo and Torture

A screenshot of my latest article for Al-Jazeera on the website.Dear friends and supporters,

I hope you have time to read Obama v Trump on Guantánamo and torture, my latest article for Al-Jazeera, and to share it if you find it informative.

Al-Jazeera asked me to compare and contrast the president and the president-elect in relation to Guantánamo, giving me an opportunity to run through the history of President Obama’s failures to close the prison, as he promised when he first took office in January 2009. I also briefly discussed Obama’s position on torture, and compared and contrasted Donald Trump’s views.

President Obama has repeatedly blamed Congress for his failure to close the prison, but in fact he had control of Congress in his first two years in office, but failed to capitalise on it, and later, although Congress raised considerable obstacles to his efforts to close the prison, he refused to use a waiver that existed in the legislation allowing him to bypass Congress, and he also refused, at any point, to make the closure of the prison a priority to the extent that he was prepared to properly challenge Congress and work with supportive lawmakers to find a way to get Guantánamo closed. Read the rest of this entry »

In Final Counter-Terrorism Speech, Obama Targets Trump But Fails to Acknowledge His Own Mistakes on Guantánamo and War

President Obama and a quote about Guantanamo from a speech he made on January 5, 2010.I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

On Tuesday, at MacDill Air Force Base in Tampa, Florida, the home of US Special Operations Command and Central Command, President Obama made what is expected to be his final speech on counter-terrorism before he leaves office in just six weeks’ time.

As Jessica Schulberg noted for the Huffington Post, in his speech he “defended his legacy ― both from hawks who have accused him of withdrawing from the Middle East, and from liberals who have criticized his reliance on expansive surveillance and drones to fight wars,” and “sought to convince the country that he had struck the correct balance.”

Spying and drones

However, as Spencer Ackerman noted for the Guardian, this was “a highly selective account of his record, particularly about the mass surveillance architecture he embraced and the drone strikes that will be synonymous with his name.” Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo, co-director, We Stand With Shaker. Also, singer and songwriter (The Four Fathers) and photographer.
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